McDonald trial still scheduled for March 18

While the defense attorney previously had asked for a continuance, officials now say the trial in a double homicide case will begin March 18 as scheduled.

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By John Richmeier

The Leavenworth Times - Leavenworth, KS

By John Richmeier

Posted Mar. 1, 2013 at 6:53 PM
Updated Mar 1, 2013 at 7:09 PM

By John Richmeier

Posted Mar. 1, 2013 at 6:53 PM
Updated Mar 1, 2013 at 7:09 PM

While the defense attorney previously had asked for a continuance, officials now say the trial in a double homicide case will begin March 18 as scheduled.

Aundray D. McDonald, 37, is charged with premeditated first-degree murder, first-degree felony murder, criminal discharge of a firearm at an occupied vehicle and criminal possession of a firearm by a convicted felon.

He is accused of killing two brothers, Derrick and Marshall Jones, Dec. 16, 2011, in Leavenworth.

McDonald, who is in custody, appeared Friday in Leavenworth County District Court with his attorney, Carl Cornwell.

Cornwell previously had said he would like to schedule the March 18 trial for a later date. The attorney said he wanted to have a transcript of a Nov. 29 preliminary hearing for the trial.

The attorney indicated in January that McDonald's mother was trying to obtain the money to pay for the transcript.

In court Friday, District Judge Gunnar Sundby said the transcript was ready. Cornwell said the money quickly would be paid.

Cornwell did not repeat a request for a continuance Friday.

"We'll be ready to go," he said.

Sundby said one issue he wished to take up Friday concerned whether there was an argument that the defendant was immune from prosecution because of a justified use of force.

Cornwell said he believes there is evidence to support that his client acted in self defense. But he didn't argue for immunity.

The attorney said there was a confrontation between his client and four people. And what happened then will be up for a jury to determine.

"I just wanted to make sure we covered all the groundwork," Sundby said.

The Jones brothers reportedly were shot in a parking lot outside of a barbershop at Broadway and Metropolitan Avenue. They were driven from the scene by a friend, but the car crashed in a park at Spruce and Seventh streets.

Derrick, 25, was pronounced dead at the crash scene. Marshall, 28, died at a hospital.

McDonald is now serving a prison sentence for attempted aggravated battery because his probation in that Johnson County case was revoked, according to the Kansas Department of Corrections website.

He also is facing charges in another case in Leavenworth County District Court. This case involves charges of possession of cocaine and possession of drug paraphernalia for crimes that are alleged to have occurred in May 2011 in Leavenworth.